Intellectual Property

Play-Doh recently received approval for its trademark on the Play-Doh scent, a distinctive smell that brings back childhood memories for many of us. If any competitors produce a modeling clay that smells too much like Play-Doh, they could be putting themselves at risk for a lawsuit. That scent now has the full protection of the United States Patent and Trademark Office (USPTO).

Email phishing has become a widespread problem throughout the cyber world. Almost everyone is vulnerable to phishing. Phishing occurs when a fraudulent email appears to originate from a legitimate business. The business is usually a well-known organization that a person regularly conducts business with such as a financial institution, internet provider, or any other similar organizations. There is usually a link in the email that directs you to another website that is a sham. These sites will ask for personal information about you to allegedly verify your identity but in reality they are deceiving you into divulging this information so that they may commit identity theft.

As the accuracy and precision of technology improves, tech companies struggle to answer unavoidable and complex questions. Whether they want to or not, companies face the challenge to find a balance between the privacy rights of individual users and the national security interest of the entire public. This is most clearly demonstrated in the current stand-off between the federal bureau of investigation (FBI) and leading tech company, Apple, due to Apple’s encryption software.

Deciding when to invest in an attorney is an important decision. Frequently, people hope to save money and have one attorney or agent represent the interests of both individuals on either side of a dispute. However, in order to do so the attorney must comply with strict disclosure rules for the state in which he or she is practicing. Both parties on either side of the conflict must be made aware that there is a potential conflict, that they have the right to independent representation, and they generally are required to sign a written agreements acknowledging they have been made well aware of their rights. Sometimes this agreement is reached and both parties and the attorney will review and be asked to sign a conflict of dual representation agreement. Read more

In the world of business today, protecting confidential information and trade secrets is an important part of conducting business. Business owners should be sure to have a detailed and carefully drafted agreement in place for all employees and vendors with whom their company conducts business. An agreement that will withstand legal scrutiny in litigation or arbitration is especially important. These agreements should list the specific items or types of items considered confidential or to be trade secrets. This is vital because the court must be able to easily determine when there has been a breach of the stated contract terms. Frequently, companies use very broad terms such as “all information pertaining to the company.” However, many things pertaining to the company would not be considered confidential information or a trade secret. This type of terminology would be overly broad. Using broad language opens the door to legal interpretation. When this occurs, it requires the court to define for a company what item truly is a trade secret or is confidential information. A company, rather than the court however, is in a much better position to define this. As such, having this definition already included in the agreement is most prudent.Read more

With technological advancement, comes the increased need for new rules and regulations regarding trademarks. On September 1, 2015, the United States Patent and Trademark Office (USTPO) began implementing a pilot program called The Technology Evolution Pilot Program. This program makes it possible for trademark owners to expand the trademark registrations of their goods and services. Thus, trademark owners may be permitted to keep their current trademark without having to file a new application if the revised registration of the existing mark is due to a technological advancement of the current mark. This change will enable trademark owners to save the time and money often involved in changing an existing trademark registration.

There are several opportunities for companies in India today. The country of India has a large nucleus of business that provides a wide assortment of services and products to the international marketplace. When it comes to intellectual property, such as trademarks, logos, and brand recognition in India, there is a specific set of rules and forms that must be filled out and filed properly in order to register your intellectual property. These rules differ significantly from the procedures that are required in the United States.

Have you ever walked into a public venue and noticed a sign posted on the door that says, “CROWD RELEASE”? Did you stop to read what it said or did you just keep walking and put it out of your mind? Then maybe months later your friends start calling you to tell you that they saw you on television or maybe on the internet. Now you start wondering how someone was allowed to film you without your permission. Read more

Doppelgängers in retail? That’s right! Australia seems to be copying a few of our all-American favorite stores like Target, Kmart, and Kohl’s. When you decide to start a business or if you have a product that you want to put on the market, you have to decide the future of your intellectual property. In our society, it is very easy for things to go viral. This is especially true with regard to social media exposure, which allows for items to go global rather quickly. For that reason, you have to make sure your IP is properly registered and or licensed. You must think about the effects of your product not just in your immediate market, yet the world as a whole.

Are you considering hiring a booking agent to help manage your performance schedule? Are you unsure what an Artist Booking Agent Agreement is and how to go about obtaining one? This kind of agreement is also called a Booking Agency Contract. It is a contract that is made between an Agent and an Artist. The Artist agrees to employ the Agent to book performances for the Artist. It should contain the rights and duties of the Agent and the compensation that the Agent will receive. This is a very extensive contract and among several other clauses, at a minimum it should contain the following clauses to ensure that both the Agent and the rights of the Artist are protected.

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About

Nouvelle L. Gonzalo, Esq. is admitted to the state bars in Ohio and Florida. She is the member-owner of Gonzalo Law where her practice focuses on U.S. and international corporate law. As a premier U.S. and international corporate law firm in Cleveland and with a growing presence in North Central Florida, Gonzalo Law was established to offer businesses easy access to exceptional and effective legal services, tailored to meet their needs anywhere and anytime they need it. Contact the firm and experience the difference!